NMFS Sets New Importer Recordkeeping Requirements for Dolphin-Safe Tuna
An interim final rule on dolphin-safe tuna labeling issued by the National Marine Fisheries Service on March 23 sets new recordkeeping requirements for importers. The new regulations (here), meant to bring the U.S. into compliance with recent World Trade Organization rulings and avoid Mexican tariff retaliation (see 1603220037), include provisions that mirror NMFS’ recently proposed traceability requirements for high-risk species (see 1602040020). The new dolphin-safe tuna chain of custody recordkeeping requirements take effect for tuna harvested on fishing trips that begin on or after May 21, 2016.
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As with the traceability proposed rule, the required information includes records on the custodian of the tuna or tuna product, including any transshippers, processors, storage facilities, and wholesalers or distributors, said NMFS. The agency “expects that typical supply chain records that are kept in the normal course of business, including declarations by harvesting and carrier vessels, bills of lading and forms voluntarily used or required under foreign government or international monitoring programs, which include such information as the identity of the custodian, the type of processing, and the weight of the product, would provide sufficient information for NMFS to conduct a trace back,” it said. Proof must also be maintained that non-dolphin safe tuna was kept physically separate from dolphin safe tuna. Records must be maintained for two years.
The importer recordkeeping requirement is one of several changes made by the NMFS interim final rule. Other changes include the authority for NMFS to require on-board observers on fishing vessels for tuna labeled dolphin-safe in areas outside the eastern tropical Pacific, expanded observer and captain certification requirements, and new vessel captain training requirements.